Royal District Nursing Service of SA Limited

[2020] FWCA 4504

[2020] FWCA 4504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal District Nursing Service of SA Limited
(AG2020/2222)

ROYAL DISTRICT NURSING SERVICE OF SA LTD NURSES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 26 AUGUST 2020

Application for approval of the Royal District Nursing Service of SA Ltd Nurses Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Royal District Nursing Service of SA Ltd Nurses Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Royal District Nursing Service of SA Limited (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 13 August 2020.

[3] On 19 August 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 24 August 2020. The undertaking deals with the following topics:

•  In relation to Clause 8.5, a flexibility agreement will end 28 days after written notice is received from the employee advising they wish to end the agreement.

•  Employees covered by Clause 49.3.2 are considered as shift-workers for the purpose of the National Employment Standards (NES).

•  In Clause 6, the definition of ‘Household’ will not be limited to individuals with whom an employee shares a common familial relationship.

•  Where employees are offered additional hours, they will not be more than 76 hours in a fortnight, or 10 hours in a shift.

•  In relation to Clause 50.4.5, an employee is to notify the employer of a period of absence as soon as it is reasonably practicable, which may be at a time after the leave has started.

•  In relation to Clause 51.7, Part-time employees will receive up to two days of compassionate leave for each instance of compassionate leave.

•  All work undertaken by a casual employee on a public holiday will be paid at 225% of the ordinary rate of pay outlined in Appendix 1 (inclusive of casual loading), notwithstanding Clause 25.2 (Public Holiday Penalty).

•  The undertaking provides a list of typographical corrections to the following clauses:

•  Clause 14 (Casual Employees)

•  Clause 16 (Span of Hours)

•  Clause 21 (Commencement and Completion of Shifts)

•  Clause 29 (Overtime)

•  Clause 33 (Incremental Progression)

•  Clause 38 (On Call Allowance)

•  Clause 49.1 (Entitlement to Paid Annual Leave)

•  Clause 49.2 (Taking Paid Leave)

•  Clause 49.3 (Purchased Annual Leave)

•  Clause 49.5 (Cashing Out Annual Leave)

•  Clause 49.6 (Excessive Annual Leave Accruals)

•  Clause 52 (Trade Union Training Leave)

•  Clause 53 (Community Service Leave)

•  Clause 55 (Public Holidays)

•  Clause 56 (Paid Parental (Maternity/Adoption/Paternity) Leave)

•  Clause 70 (Redundancy)

•  Clause 72 (Continuous Service)

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 August 2022.

COMMISSIONER

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